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91_SB1426ham001
LRB9111505NTksam
1 AMENDMENT TO SENATE BILL 1426
2 AMENDMENT NO. . Amend Senate Bill 1426 as follows:
3 on page 1, by replacing line 1 with the following:
4 "AN ACT in relation to education."; and
5 on page 1, immediately below line 3, by inserting the
6 following:
7 "Section 3. The School Code is amended by changing
8 Sections 2-3.13a and 10-22.6 as follows:
9 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
10 Sec. 2-3.13a. Scholastic records; transferring students.
11 The State Board of Education shall establish and implement
12 rules requiring all of the public schools and all private or
13 nonpublic elementary and secondary schools located in this
14 State, whenever any such school has a student who is
15 transferring to any other public elementary or secondary
16 school located in this or in any other state, to forward
17 within 10 days of notice of the student's transfer an
18 unofficial record of that student's grades to the school to
19 which such student is transferring. Each public school at
20 the same time also shall forward to the school to which the
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1 student is transferring the remainder of the student's school
2 student records as required by the Illinois School Student
3 Records Act. In addition, if a student is transferring from a
4 public school, whether located in this or any other state,
5 from which the student has been suspended or expelled for
6 knowingly possessing in a school building or on school
7 grounds a weapon as defined in the Gun Free Schools Act (20
8 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
9 delivering in a school building or on school grounds a
10 controlled substance or cannabis, or for battering a staff
11 member of the school, and if the period of suspension or
12 expulsion has not expired at the time the student attempts to
13 transfer into another public school in the same or any other
14 school district: (i) any school student records required to
15 be transferred shall include the date and duration of the
16 period of suspension or expulsion; and (ii) with the
17 exception of transfers into the Department of Corrections
18 school district, the student shall not be permitted to attend
19 class in the public school into which he or she is
20 transferring until the student has served the entire period
21 of the suspension or expulsion imposed by the school from
22 which the student is transferring, provided that the school
23 board may approve the placement of the student in an
24 alternative school program established under Article 13A of
25 this Act. A school district may adopt a policy providing that
26 if a student is suspended or expelled for any reason from any
27 public or private school in this or any other state, the
28 student must complete the entire term of the suspension or
29 expulsion before being admitted into the school district.
30 This policy may allow placement of the student in an
31 alternative school program established under Article 13A of
32 this Code for the remainder of the suspension or expulsion.
33 Each public school and each private or nonpublic elementary
34 or secondary school in this State shall within 10 days after
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1 the student has paid all of his or her outstanding fines and
2 fees and at its own expense forward an official transcript of
3 the scholastic records of each student transferring from that
4 school in strict accordance with the provisions of this
5 Section and the rules established by the State Board of
6 Education as herein provided.
7 The State Board of Education shall develop a one-page
8 standard form that Illinois school districts are required to
9 provide to any student who is moving out of the school
10 district and that contains the information about whether or
11 not the student is "in good standing" and whether or not his
12 or her medical records are up-to-date and complete. As used
13 in this Section, "in good standing" means that the student is
14 not being disciplined by a suspension or expulsion, but is
15 entitled to attend classes. No school district is required
16 to admit a new student who is transferring from another
17 Illinois school district unless he or she can produce the
18 standard form from the student's previous school district
19 enrollment. No school district is required to admit a new
20 student who is transferring from an out-of-state public
21 school unless the parent or guardian of the student certifies
22 in writing that the student is not currently serving a
23 suspension or expulsion imposed by the school from which the
24 student is transferring.
25 (Source: P.A. 91-365, eff. 7-30-99.)
26 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
27 Sec. 10-22.6. Suspension or expulsion of pupils; school
28 searches.
29 (a) To expel pupils guilty of gross disobedience or
30 misconduct, and no action shall lie against them for such
31 expulsion. Expulsion shall take place only after the parents
32 have been requested to appear at a meeting of the board, or
33 with a hearing officer appointed by it, to discuss their
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1 child's behavior. Such request shall be made by registered or
2 certified mail and shall state the time, place and purpose of
3 the meeting. The board, or a hearing officer appointed by it,
4 at such meeting shall state the reasons for dismissal and the
5 date on which the expulsion is to become effective. If a
6 hearing officer is appointed by the board he shall report to
7 the board a written summary of the evidence heard at the
8 meeting and the board may take such action thereon as it
9 finds appropriate.
10 (b) To suspend or by regulation to authorize the
11 superintendent of the district or the principal, assistant
12 principal, or dean of students of any school to suspend
13 pupils guilty of gross disobedience or misconduct, or to
14 suspend pupils guilty of gross disobedience or misconduct on
15 the school bus from riding the school bus, and no action
16 shall lie against them for such suspension. The board may by
17 regulation authorize the superintendent of the district or
18 the principal, assistant principal, or dean of students of
19 any school to suspend pupils guilty of such acts for a period
20 not to exceed 10 school days. If a pupil is suspended due to
21 gross disobedience or misconduct on a school bus, the board
22 may suspend the pupil in excess of 10 school days for safety
23 reasons. Any suspension shall be reported immediately to the
24 parents or guardian of such pupil along with a full statement
25 of the reasons for such suspension and a notice of their
26 right to a review, a copy of which shall be given to the
27 school board. Upon request of the parents or guardian the
28 school board or a hearing officer appointed by it shall
29 review such action of the superintendent or principal,
30 assistant principal, or dean of students. At such review the
31 parents or guardian of the pupil may appear and discuss the
32 suspension with the board or its hearing officer. If a
33 hearing officer is appointed by the board he shall report to
34 the board a written summary of the evidence heard at the
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1 meeting. After its hearing or upon receipt of the written
2 report of its hearing officer, the board may take such action
3 as it finds appropriate.
4 (c) The Department of Human Services shall be invited to
5 send a representative to consult with the board at such
6 meeting whenever there is evidence that mental illness may be
7 the cause for expulsion or suspension.
8 (d) The board may expel a student for a definite period
9 of time not to exceed 2 calendar years, as determined on a
10 case by case basis. A student who is determined to have
11 brought a weapon to school, any school-sponsored activity or
12 event, or any activity or event which bears a reasonable
13 relationship to school shall be expelled for a period of not
14 less than one year, except that the expulsion period may be
15 modified by the superintendent, and the superintendent's
16 determination may be modified by the board on a case by case
17 basis. For the purpose of this Section, the term "weapon"
18 means (1) possession, use, control, or transfer of any gun,
19 rifle, shotgun, weapon as defined by Section 921 of Title 18,
20 United States Code, firearm as defined in Section 1.1 of the
21 Firearm Owners Identification Act, or use of a weapon as
22 defined in Section 24-1 of the Criminal Code, (2) any other
23 object if used or attempted to be used to cause bodily harm,
24 including but not limited to, knives, brass knuckles, or
25 billy clubs, or (3) "look alikes" of any weapon as defined in
26 this Section. Expulsion or suspension shall be construed in a
27 manner consistent with the Federal Individuals with
28 Disabilities Education Act. A student who is subject to
29 suspension or expulsion as provided in this Section may be
30 eligible for a transfer to an alternative school program in
31 accordance with Article 13A of the School Code. The
32 provisions of this subsection (d) apply in all school
33 districts, including special charter districts and districts
34 organized under Article 34.
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1 (e) To maintain order and security in the schools,
2 school authorities may inspect and search places and areas
3 such as lockers, desks, parking lots, and other school
4 property and equipment owned or controlled by the school, as
5 well as personal effects left in those places and areas by
6 students, without notice to or the consent of the student,
7 and without a search warrant. As a matter of public policy,
8 the General Assembly finds that students have no reasonable
9 expectation of privacy in these places and areas or in their
10 personal effects left in these places and areas. School
11 authorities may request the assistance of law enforcement
12 officials for the purpose of conducting inspections and
13 searches of lockers, desks, parking lots, and other school
14 property and equipment owned or controlled by the school for
15 illegal drugs, weapons, or other illegal or dangerous
16 substances or materials, including searches conducted through
17 the use of specially trained dogs. If a search conducted in
18 accordance with this Section produces evidence that the
19 student has violated or is violating either the law, local
20 ordinance, or the school's policies or rules, such evidence
21 may be seized by school authorities, and disciplinary action
22 may be taken. School authorities may also turn over such
23 evidence to law enforcement authorities. The provisions of
24 this subsection (e) apply in all school districts, including
25 special charter districts and districts organized under
26 Article 34.
27 (f) Suspension or expulsion may include suspension or
28 expulsion from school and all school activities and a
29 prohibition from being present on school grounds.
30 (g) A school district may adopt a policy providing that
31 if a student is suspended or expelled for any reason from any
32 public or private school in this or any other state, the
33 student must complete the entire term of the suspension or
34 expulsion before being admitted into the school district.
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1 This policy may allow placement of the student in an
2 alternative school program established under Article 13A of
3 this Code for the remainder of the suspension or expulsion.
4 This subsection (g) applies to all school districts,
5 including special charter districts and districts organized
6 under Article 34 of this Code.
7 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
8 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
9 1-1-98; 90-757, eff. 8-14-98.)"; and
10 on page 2, lines 29 and 30; on page 7, lines 15 and 16; on
11 page 13, lines 19 and 20; and on page 20, lines 27 and 28, by
12 changing "chief administrative officer" wherever it appears
13 to "superintendent".